Terms of service

Terms and Conditions

Mahi Mahi Beverages – Terms and Conditions Version 1-2022 www.mahimahibeverages.com

Index

Article 1 - Definitions

Article 2 - Identity of Mahi Mahi Beverages

Article 3 - Applicability

Article 4 - The offer

Article 5 - The agreement

Article 6 - Right of withdrawal

Article 7 - Obligations of the consumer during the reflection period

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

Article 9 - Obligations of the entrepreneur in the event of withdrawal

Article 10 - Exclusion right of withdrawal

Article 11 - The price

Article 12 - Compliance with the agreement and extra guarantee

Article 13 - Delivery and execution

Article 14 – Duration of transactions: duration, cancellation and extension of cancellation

Article 15 - Payment

Article 16 - Complaints procedure

Article 17 - Disputes

Article 18 - Additional or different provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

1. Additional agreement: an agreement whereby the consumer acquires products and/or services in connection with a distance contract and these goods and/or services are provided by Mahi Mahi Beverages or by a third party on the basis of an agreement between that third party and Mahi Mahi Beverages ;
2. reflection time: the period within which the consumer can make use of his right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and supplied in digital form;
6. Term Agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
7. Durable data carrier: any tool - including e-mail - that enables the consumer or Mahi Mahi Beverages to store information addressed to him personally in a manner that prevents future consultation or use during a period appropriate to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
8. Right of withdrawal: the option of the consumer to cancel the distance contract within the cooling-off period;
9. Mahi Mahi Beverages: the natural or legal person and offers products, (access to) digital content and/or services to consumers at a distance;
10. Distance contract: an agreement concluded between Mahi Mahi Beverages and the consumer in the context of an organized system for distance selling of products, digital content and/or services, whereby exclusive or joint use is made up to and including the conclusion of the agreement one or more remote communication techniques;
11. Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions. Annex I does not have to be made available if the consumer has no right of withdrawal with regard to his order;
12. Remote communication technology: means that can be used for concluding an agreement, without the consumer and entrepreneur having to meet in the same room at the same time.

Article 2 - Identity of Mahi Mahi Beverages

1. Entrepreneur Name: Mahi Mahi Beverages
Handelend onder de naam/namen: Mahi Mahi, Mahi Mahi Beverages.

Business address: Boerhaavelaan 12, 7607 PW Almelo

Phone number: +31(0)614520605
Available: from Monday to Friday from 09:30 to 17:00

Email: info@mahimahibeverages.com

Chamber of Commerce number: 77979656

VAT identification number: NL8612.20.584.B01

Article 3 - Applicability

1. These general terms and conditions apply to every offer from Mahi Mahi Beverages and to every distance agreement concluded between Mahi Mahi Beverages and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, Mahi Mahi Beverages will indicate how the general terms and conditions can be viewed at Mahi Mahi Beverages and that they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can can be stored in a simple way on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting conditions. .

Article 4 - The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or apparent errors in the offer are not binding on Mahi Mahi Beverages.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 - The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and compliance with the associated conditions.
2. If the consumer has accepted the offer electronically, Mahi Mahi Beverages will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Mahi Mahi Beverages, the consumer may terminate the agreement.

1. If the agreement is concluded electronically, Mahi Mahi Beverages will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, Mahi Mahi Beverages will take appropriate security measures.
2. Mahi Mahi Beverages can - within legal frameworks - inform itself whether the consumer can meet his payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the distance contract. If Mahi Mahi Beverages on the basis of this investigation has good reasons not to enter into the agreement, it is entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
3. Mahi Mahi Beverages will send the following information to the consumer at the latest upon delivery of the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

1. the postal address of Mahi Mahi Beverages where the consumer can go with complaints;
2. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
3. the information about guarantees and existing after-sales service;
4. the price including all taxes of the product or service; to the extent applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
5. if the consumer has a right of withdrawal, the model withdrawal form.

Article 6 - Right of withdrawal

1. The consumer can dissolve an agreement with regard to the purchase of a product during a reflection period of 14 days without stating reasons. Mahi Mahi Beverages may ask the consumer for the reason for withdrawal, but not oblige him to state his reason(s).
2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:

1. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. Mahi Mahi Beverages may, provided it has clearly informed the consumer about this prior to the ordering process, refuse an order for multiple products with different delivery times.
2. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
3. in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

Article 7 - Obligations of the consumer during the reflection period

1. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
2. The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is allowed in paragraph.
3. The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

1. If the consumer makes use of his right of withdrawal, he must report this to Mahi Mahi Beverages within the cooling-off period by means of the model withdrawal form or with the return form available on the websites.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorized representative of) Mahi Mahi Beverages. This is not necessary if Mahi Mahi Beverages has offered to collect the product itself. The consumer has in any case observed the return period if he returns the product before the reflection period has expired.
3. The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by Mahi Mahi Beverages.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal rests with the consumer.
5. The consumer bears the direct costs of returning the product. If Mahi Mahi Beverages has not stated that the consumer has to bear these costs or if Mahi Mahi Beverages indicates that it will bear the costs itself, the consumer does not have to bear the costs for return.
6. The consumer shall not bear any costs for the full or partial delivery of digital content not delivered on a tangible medium, if: a. he has not expressly agreed prior to the delivery to commence fulfillment of the agreement before the end of the cooling-off period ; b. he has not acknowledged to lose his right of withdrawal when granting his consent; or c. the entrepreneur has failed to confirm this statement from the consumer.
7. If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 - Obligations of the entrepreneur in the event of withdrawal

1. If Mahi Mahi Beverages enables the notification of withdrawal by the consumer by electronic means, it will immediately send an acknowledgment of receipt upon receipt of this notification.
2. Mahi Mahi Beverages will reimburse all payments made by the consumer, including any delivery costs charged by Mahi Mahi Beverages for the returned product, without undue delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless Mahi Mahi Beverages offers to collect the product itself, it may withhold payment until it has received the product or until the consumer proves that he has returned the product, whichever is earlier.
3. Mahi Mahi Beverages will use the same payment method that the consumer has used for reimbursement, unless the consumer agrees to another method. The refund is free of charge for the consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion right of withdrawal

1. Mahi Mahi Beverages can exclude the following products and services from the right of withdrawal, but only if Mahi Mahi Beverages has clearly stated this in the offer, at least in good time before the conclusion of the agreement:
2. Products or services whose price is subject to fluctuations in the (financial) market over which Mahi Mahi Beverages has no influence and which may occur within the withdrawal period;
3. Agreements concluded during a public auction. A public auction means a sales method whereby products, digital content and/or services are offered by Mahi Mahi Beverages to the consumer who attends or is given the opportunity to attend the auction in person, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;

1. Service agreements, after full performance of the service, but only if:

1. the execution has started with the express prior consent of the consumer;
2. the consumer has declared that he will lose his right of withdrawal as soon as Mahi Mahi Beverages has fully performed the agreement;

1. Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, freight transport, car rental services and catering;
2. Agreements relating to leisure activities, if the agreement provides for a specific date or period for its implementation;
3. Products manufactured to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
4. Products that spoil quickly or have a limited shelf life;
5. Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
6. Products that are irrevocably mixed with other products after delivery by their nature;
7. Alcoholic drinks, the price of which has been agreed upon at the time of the conclusion of the contract, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which Mahi Mahi Beverages has no influence;
8. The supply of digital content other than on a tangible medium, but only if:

1. the execution has started with the express prior consent of the consumer; and
2. the consumer has declared that he loses his right of withdrawal.

Article 11 - The price

1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Notwithstanding the previous paragraph, Mahi Mahi Beverages may offer products or services whose prices are subject to fluctuations in the financial market and over which Mahi Mahi Beverages has no influence, at variable prices. This dependence on fluctuations and the fact that any prices stated are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if Mahi Mahi Beverages has stipulated this and:
1. they are the result of statutory regulations or provisions; or
2. the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.

1. The prices stated in the offer of products or services include VAT.

Article 12 - Compliance with the agreement and extra guarantee

1. Mahi Mahi Beverages guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and /or government regulations. If agreed, Mahi Mahi Beverages also guarantees that the product is suitable for other than normal use.
2. An additional warranty provided by Mahi Mahi Beverages, its supplier, manufacturer or importer shall never limit the legal rights and claims that the consumer can assert against Mahi Mahi Beverages under the agreement if Mahi Mahi Beverages has failed to fulfill its part of the agreement.
3. An additional warranty is understood to mean any commitment by Mahi Mahi Beverages, its supplier, importer or manufacturer in which it grants the consumer certain rights or claims that go beyond what is required by law in the event that he has failed to comply with his part of the agreement.

Article 13 - Delivery and execution

1. Mahi Mahi Beverages will exercise the greatest possible care in receiving and fulfilling orders for products and in assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to Mahi Mahi Beverages.
3. With due observance of what is stated in article 4 of these general terms and conditions, Mahi Mahi Beverages will execute accepted orders expeditiously but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
4. After dissolution in accordance with the previous paragraph, Mahi Mahi Beverages will immediately refund the amount paid by the consumer.
5. The risk of damage and/or loss of products rests with Mahi Mahi Beverages until the moment of delivery to the consumer or a pre-designated representative notified to Mahi Mahi Beverages, unless expressly agreed otherwise.

Article 14 – Duration of transactions: duration, cancellation and extension of cancellation

1. The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, with due observance of the agreed cancellation rules and a notice period of no more than one month.
2. The consumer can terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, subject to the agreed cancellation rules and a notice period of at least maximum one month.
3. The consumer may terminate the agreements referred to in the previous paragraphs: - at any time and not be limited to termination at a specific time or in a specific period; - at least cancel in the same way as they entered into by him; - always cancel with the same notice period as Mahi Mahi Beverages has stipulated for itself.

Extension:

1. An agreement that has been entered into for a definite period and which extends to the regular delivery of products or services may not be tacitly extended or renewed for a definite period.
2. An agreement that has been entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer is allowed to cancel at any time with a notice period of no more than one month.

Article 15 - Payment

1. Products or services offered on the Mahi Mahi Beverages website must be paid immediately in the ordering process, unless otherwise agreed with the consumer.
2. Insofar as not provided otherwise in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
3. Until the moment of payment, in all cases the ownership of all delivered products and/or services remains with Mahi Mahi Beverages.
4. The consumer has the obligation to immediately report inaccuracies in payment details provided or stated to Mahi Mahi Beverages.
5. If the consumer does not fulfill his payment obligation(s) in time, after he has been notified by Mahi Mahi Beverages of the late payment and Mahi Mahi Beverages has granted the consumer a period of 14 days to still meet his payment obligations, after failure to pay within this 14-day period, the statutory interest will be owed on the amount still owed and Mahi Mahi Beverages is entitled to charge the extrajudicial collection costs incurred by it. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40, =. Mahi Mahi Beverages may deviate from the stated amounts and percentages in favor of the consumer.
6. For orders, assignments and activities at B2B level, a payment term of 14 days applies. If after the (digitally) sent reminder regarding the outstanding costs, Mahi Mahi Beverages will charge a reminder of a maximum of 15% of the outstanding amount. If after the reminder still no payment is made, Mahi Mahi Beverages is authorized to transfer the outstanding items to a collection agency. The costs arising from this are entirely for the account of the customer.

Article 16 - Complaints procedure

1. Mahi Mahi Beverages has a sufficiently publicized complaints procedure and will handle the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly described to Mahi Mahi Beverages within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to Mahi Mahi Beverages will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Mahi Mahi Beverages will respond within the period of 14 days with a notification of receipt and an indication when the consumer can expect a more detailed answer.
4. The consumer must give Mahi Mahi Beverages at least 4 weeks to resolve the complaint in mutual consultation. After this term, a dispute arises that is subject to the dispute settlement procedure.

Articland 17 - Disputands

1. Agrandandmandnts bandtwandandn Mahi Mahi Bandvandragands and thand consumandr to which thandsand gandnandral tandrms and conditions apply arand andxclusivandly govandrnandd by Dutch law.
2. Disputands bandtwandandn thand consumandr and Mahi Mahi Bandvandragands about thand conclusion or andxandcution of agrandandmandnts with randgard to products and sandrvicands to band dandlivandrandd or dandlivandrandd by Mahi Mahi Bandvandragands, can, with duand obsandrvancand of thand provisions bandlow, band submittandd by both thand consumandr and thand andntrandprandnandur to a andxtandrnal Disputands Committandand.
3. A disputand will only band dandalt with by this Disputands Committandand if thand consumandr has first submittandd his complaint to Mahi Mahi Bandvandragands within a randasonabland timand.
4. If thand complaint doands not landad to a solution, thand disputand must band submittandd to thand Disputands Committandand in writing or in anothandr form to band dandtandrminandd by thand Committandand no latandr than 12 months aftandr thand datand on which thand consumandr submittandd thand complaint to Mahi Mahi Bandvandragands.
5. If thand consumandr wishands to submit a disputand to thand Disputands Committandand, Mahi Mahi Bandvandragands is bound by this choicand. Prandfandrably, thand consumandr first randports this to Mahi Mahi Bandvandragands.
6. Whandn Mahi Mahi Bandvandragands wants to submit a disputand to thand Disputand Committandande, thand consumandr will havand to statand in writing within fivand wandandks aftandr a writtandn randquandst to that andffandct by thand andntrandprandnandur whandthandr hand also wishands to do so or whandthandr hand wants thand disputand to band handlandd by thand compandtandnt court. If Mahi Mahi Bandvandragands is not informandd of thand consumandr's choicand within thand pandriod of fivand wandandks, Mahi Mahi Bandvandragands is andntitlandd to submit thand disputand to thand compandtandnt court.
7. Thand Disputands Committandand makands a dandcision undandr thand conditions as laid down in thand randgulations of thand randlandvant Disputands Committandand. Thand dandcisions of thand Disputands Committandand arand madand by way of binding advicand.
8. Thand Disputands Committandand will not dandal with or discontinuand any disputand if Mahi Mahi Bandvandragands has bandandn grantandd a moratorium, has bandandn dandclarandd bankrupt or has andffandctivandly tandrminatandd its businandss activitiands, bandforand a disputand has bandandn dandalt with by thand Committandand at thand handaring and a final dandcision has bandandn madand.

Articland 18 - Additional or diffandrandnt provisions

• Additional provisions or provisions that dandviatand from thandsand gandnandral tandrms and conditions may not band to thand dandtrimandnt of thand consumandr and must band randcordandd in writing or in such a way that thandy can band storandd by thand consumandr in an accandssibland mannandr.